Parliament adopts a single statute for self-employed workers

Europe 1 with AFP 06:55, February 09, 2022

Dissociation of personal and professional assets, relaxation of the unemployment insurance system... Parliament definitively adopted on Tuesday a bill aimed at "better protecting" the approximately three million self-employed workers and "facilitating their lives".

The compromise text, which was reached by deputies and senators in a joint joint committee, was adopted during the day by the Senate unanimously of the votes cast, then, in the evening, by the National Assembly also unanimously of the votes. expressed.

In both chambers the left abstained, judging the text "insufficient".

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A distinction between their professional and personal assets

The bill creates a unique status for the self-employed - craftsmen, traders, liberal professionals... - which makes a distinction between their professional assets and their personal assets.

Personal property will now by default be unseizable in the event of bankruptcy, whereas today only the principal residence is protected.

This measure, which derogates from the legal principle of the uniqueness of heritage, was a long-standing request from these workers, whose activity by nature faces significant risks, brutally brought to light by the Covid-19 health crisis. .

It will enter into force three months after the promulgation of the law.

The rapporteur at the Palais-Bourbon, Marie-Christine Verdier-Jouclas (LREM), was pleased to see the outcome of "a text awaited by three million entrepreneurs".

“However, miracles should not be expected, because the most important creditors, in particular the banks, will continue to require special securities on certain property of the entrepreneur, including his personal property”, however warned the rapporteur for the text in the Senate Christophe-André Frassa (LR).

"We will expect banking institutions to take all responsibility in the implementation of this reform, we will be very vigilant (...)", promised the Minister of Small and Medium Enterprises Jean-Baptiste Lemoyne.

Access to ATI extended to any total and definitive cessation of non-viable activity

The attitude of the banks is also "a point of vigilance" pointed out by the secretary general of the Syndicat des Indépendants (SDI), Marc Sanchez, who hailed in the bill "a decisive leap for the improvement of the status of individual entrepreneurs as well as their social and fiscal situations".

The bill is "the cornerstone" of the plan for self-employed workers announced by President Emmanuel Macron on September 16, according to the minister.

It is articulated with a budgetary component voted at the end of the year, to facilitate the sale of companies, too few in France when an entrepreneur retires, thanks to exemptions from taxation of capital gains .

Another flagship measure of the text: the conditions of access to the allowance for self-employed workers (ATI), considered too restrictive, are extended to any total and definitive cessation of activity which is not economically viable.

"To estimate if the activity is not viable, we will look at whether there is a drop in income of at least 30%," said Jean-Baptiste Lemoyne.

Unlike employees, the self-employed cannot indeed receive unemployment.

Since 2019, they can benefit from the ATI, a lump sum of 800 euros per month for a maximum period of six months, but only in the event of liquidation or recovery.

The reform also plans to double the tax credit for the training of managers of companies with less than ten employees and aims to reduce by 30% the price of optional AT/MP insurance (accidents at work/occupational diseases) .

An emergency for 93% of the self-employed

According to a study which has just been published by the Association for the right to economic initiative (Adie), carried out in the fall by OpinionWay among 1,149 independent entrepreneurs, 93% of them consider it "urgent" to converge their social rights towards those of employees.

About 59% want unemployment rights as a priority and 49% want above all better coverage of occupational risks.

At the end of January, the government announced additional financial aid for certain categories of self-employed workers affected by the health crisis.

The bill was initially brought by Alain Griset.

Mr. Griset, who before becoming a minister had worked for more than 30 years as a taxi driver, will answer on May 25 before the Lille criminal court for "breach of trust" at the expense of the National Confederation of Crafts. trades and services (Cnams) of the North.